Shifting soil continues to be a problem at The Foundry shopping center in South Strabane, where three stores have closed because of the situation.
The township supervisors voted June 24 to have Manager John Stickle contact the appropriate parties about monitoring a retaining wall at the Route 19 site and have monthly reports sent to the township office.
Earth behind the wall is moving, and some residents have questioned the stability and safety of the wall.
Safety is the township's concern, not the closed stores or problems with the developer, said Ed Mazur, vice chairman of the supervisors.
J.C. Penney, Ross Dress for Less and Bed, Bath & Beyond have closed recently due to shifting soil. Max & Erma's restaurant is the only remaining business at The Foundry. The developer, Premier Properties USA Inc., based in Indianapolis, filed for Chapter 11 reorganization bankruptcy in April, but a judge reclassified the bankruptcy to Chapter 7 liquidation in May.
DeBartolo Development, based in Tampa, Fla., is the new property manager, Chairman Robert Koman said. The company would be responsible for monitoring the wall.
Township Solicitor Thomas Lonich said Mr. Stickle should make the oversight request rather than the township engineer so that the township isn't accepting liability for the wall. That way, the township can implement a plan to inform residents and businesses if a safety issue exists.
Mr. Koman also said he had met with Dale McDonough, real estate asset management director for J.C. Penney Co. Inc. in Plano, Texas. Mr. Koman said the company would like to negotiate a deal with the owners of Washington Mall to reopen J.C. Penney at its former location.
Mr. Koman said the company wants to strike a deal by October. JCPenney still has a lease at the mall, although it also owns its damaged building at The Foundry and the property and parking lot.
A few weeks ago, township building inspector James Barnes revoked occupancy permits for the stores.
J.C. Penney has operated in the area for at least 40 years and doesn't want to leave, Mr. Koman said.
In other business, the board approved a developer's agreement with Cameron Estates for the third and fourth phases of its residential building project.
Mr. Lonich said the developer's agreement was the same one the township had for Cameron Estates' first and second phases.
Mr. Koman, Mr. Mazur and Supervisor Thomas Moore voted in favor of the agreement. Supervisor Robert Hollick abstained because he said he was confused about the request. Supervisor Dan Piatt voted against it.
Supervisors also agreed to solicit proposals for auditing services on a three-year basis. Mr. Hollick said he hoped professional services would cost about $3,000 per year, which is the amount the township pays annually to the nonprofessional board of auditors.
Supervisors accepted a proposal from Huntington Praetorian for the township's 2008-09 insurance coverage for public officials and police at a cost of $30,387.
The board authorized the solicitor to advertise an ordinance amending the firefighters pension plan so that those hired after 2006 must contribute one percent of their salaries to the plan.
